This is a newsletter prepared by to advise bicyclists about the joys of riding, safety, active transportation, and cyclists’ rights. Bicycle is solely owned 1005 Sansome Street, Suite 330 and operated by former-Olympian- San Francisco, CA 94111 turned- through his firm, The Law Office of Bob Mionske. Bob is a regular contributor to VeloNews with his Legally Speaking column, is licensed to practice in , and is regularly consulted by attorneys and cyclists nationwide regarding crashes. ROLLING MT. SHASTA, AVOIDING DOORINGS,, ANDMORE ISSUE #1 |FALL 2020 |VIRAL CYCLING RESISTANCE WHAT IS ?

For those unfamiliar with us, we are lawyers working for cyclists. Founded by Olympic cyclist and national champion-turned-lawyer Bob Mionske in 2000, the organization has grown over the past two decades. We are commuters, advocates, adventurers, and enthusiasts. You can find us piloting cargo bikes with our kids — the easiest and most enjoyable way to travel with children. You can also find us in INSIDE THIS EDITION Washington, D.C. with the League of American Bicyclists, lobbying for better infrastructure. We commute, we adventure, we joy ride… Circumnavigating Mount Shasta in a day We’ve also found that the COVID-19 pandemic has created bicycle- Bike handling: Avoiding doorings specific opportunities, and issues, that need to be addressed. People have flocked to riding as a way to socially distance while commuting, Why should bicyclists have auto insurance? and as a way to get exercise. Try getting in for a bike repair, or locating (Hint: it’s all about the underinsured motorist coverage, folks!) a new bike these days, and you’ll see the impact. At the same time, road use is being re-examined. It is being reclaimed for use by people Plus other super-exciting insurance issues! instead of cars. Restaurants and businesses are setting up outdoors for (Okay — perhaps not super exciting. But important.) pandemic safety. Roads are being closed to through traffic. And don’t get us started on Paris’s two-wheeled conversion…

Electric bikes’ rapid advancements continue to expand opportunities for those who want more freedom from cars with less sweat. And for those of you reading this who prefer to drive, recognize this: Every cyclist you see is someone who would otherwise be another car in your way. Give Have you or someone you know been involved in a us a friendly wave instead of a crushing car horn, even if we aren’t doing bicycle crash? Curious about your rights? Are you a lawyer everything as perfectly as you’d like (and as we up our propaganda handling a bicycle crash who wants more information on game in coming editions, we’ll educate you about the benefits of the how to get the best result for your client? …).

Contact Bicycle Law at 866-VELOLAW. We also know that despite our best efforts, the roads are not always Bicycle Law’s Bob Mionske is licensed to practice in friendly for cyclists. Whether it be a car, a poorly maintained road, or a Oregon, its affiliate Emison Cooper & Cooper, LLP has defective product, cyclists can get injured. And when that happens, the lawyers licensed in California, and either can affiliate with lawyers Bicycle Law affiliates with are ready and willing to help. local on bicycle cases across the country to make Hoping you keep the rubber side down, sure cyclists get the benefit of lawyers who focus on the Everyone at Bicycle Law issues specific to bicycle incidents.

1 MT. SHASTA, A VOLCANIC MOUNTAIN IN NORTHERN CALIFORNIA, commands attention as a massive presence visible from hundreds of miles away. Within its sphere of naming influence is a California county, the state’s largest reservoir, a river, a town, and BECAUSE IT’S THERE — countless businesses. Despite this, and despite all the CIRCLING MT. SHASTA IN A DAY attention paid to it by naturalists like Joaquin Miller and the Sierra Club, Mt. Shasta did not receive its national In August this year, Bicycle Law colleagues Miles and Maryanne Cooper wilderness designation until 1984. What took so long? took their kids to Mt. Shasta for some time in the wilderness before Mt. Shasta missed its opportunity to become a national park in 1916 when it was upstaged by the 1915 volcanic school started again. While there, Miles rode around the base of eruptions of its neighbor, Mt. Lassen. Because the Mt. Shasta, taking advantage of the wide network of forest service National Park Service criteria for new parks required roads. For anyone interested in following along on a map, or for the them to be unique, Mt. Lassen’s inclusion resulted in .gpx file as the foundation for doing the ride, it can be found at Mt. Shasta’s exclusion. As a result, Mt. Shasta and the www.strava.com/activities/3904027082. The following is his ride story. surrounding areas were overseen by the Department of Agriculture’s National Forest Service, also known as the Forest Service.

The Forest Service’s mission is to “… sustain the health, diversity, and productivity of the nation’s forests…” (emphasis added.) That word, productivity, is significant. Unlike national parks and wildernesses, national forests can be grazed and logged. What does this mean for cyclists? Extensive, unpaved road networks, mapped out in detail on publicly available USFS maps.

We are typically an Eastern Sierra family, so my knowledge of the Mt. Shasta area was non-existent. As a result of our family history in Red’s Meadow (near Mammoth Lakes) and Yosemite, the east side’s stark beauty, and a bit of my own myopia, we tend to focus on destinations along Highway 395 for mountain experiences. This year was unusual, however. Perhaps an understatement for the experiences 2020 has surprised folks with thus far… So this summer we found ourselves with a few days in the Mt. Shasta area. Our friends who lent us their house left a Mt. Shasta area USFS map in a prominent location, sitting not too far from a Mt. Shasta history book. I found myself immersed in both. Mt. Shasta in August.

2 3 The map, printed on away from any help, on roads that saw no traffic. I wanted to be able to water-resistant plasticine communicate should an untoward event occur. Another benefit — the material, is fantastic for Garmin was loaded with a digital version of the USFS maps. inspiring exploration. An accomplished cyclist After some discussion and a weather consult, I arrived upon a plan that I know recently called this took the weather into account. Our trip coincided with a heat wave, and mapsterbating — and while I wanted to avoid the over-100-degree lower-elevation afternoon her term might be a tad temperatures. That meant leaving a little before 5 a.m. and running the edgy, it hits the nail on the route counterclockwise. This had the dual benefits of knocking the paved head. As I poured over the portions out during low-traffic hours as well as getting through the lower map, I could not help elevations early. The southeast portion of the route climbed to 6,000' myself from starting to and then rolled between 5,000' and 6,000', where the daytime make some rough temperature was expected to be in the far more tolerable mid-80s. calculations. Using paved I expected to be back by 2 p.m. I was to text by 3 p.m. to provide a status report if I ran behind. If Maryanne had not heard from me by Prep work. secondary roads on the north and west sides and 5 p.m. nor been able to raise me, it would then be time to send unpaved USFS roads on the south, one could circumnavigate the someone out to see why that Garmin dot was not moving. mountain. The route would be between 60 and 90 miles. These were The night before I prepared the bike. The Garmin got strapped to the rough calculations since the house we were at was in a communications handlebars. The USFS map went in the handlebar bag — because paper dead zone. No WiFi, one , sometimes… Normally, I use a variety of never runs low on batteries. I pumped the tubeless tires to 40 psi. The rig tools prior to hitting unfamiliar terrain. Google Maps for loose mileage was set up with Schwalbe G-One Allrounds 700 x 35s, with hydraulic disk and elevation change estimates and Google Earth flyovers to inspect brakes and a 2 x 10 drivetrain. Everyone has opinions on builds. My road conditions. opinion? Ride what makes you happy. This bike makes me happy. The Alfred Korzybski coined the phrase, “The map is not the territory,” tires were perfect for everything but a roughly one-mile soft sand/dust repeated by Robert De Niro in Ronin. Very true with USFS maps. What stretch on the east side. Yes, you could go wider on this ride. But tires appears as a road on a USFS map can sometimes be overgrown, washed required to surf the sand, for me anyways, would have been problematic. away, or simply nonexistent. The takeaway here should not be to distrust My late model rig pre-dates the wider tire era, precluding anything much USFS maps — they are pretty damn amazing. But on any off-the-beaten bigger than 35s, even with 650b wheels. path route, improvisation will be necessary. The technologic dead zone On the water front, I erred on the side of caution. There was a good refill meant I would be heading out with less detail than usual. spot at City Park in the town of Mt. Shasta — the spring known as the Sacramento River’s headwaters — but it came up relatively early in the I HAD COME PREPARED, HOWEVER. I had an inkling I might adventure on one of our days in Shasta. Maryanne recognizes that my trip. I carried two bottles and used a seat pack where I stowed a full mood is generally better if I thrash myself in the wild every so often. Platypus 2.5 liter collapsible canteen. Arkel’s Seatpacker with its quick I had brought a Garmin inReach — a satellite-based device that provides release metal frame did a nice job of eliminating tail wag from the mapping, texting, and an emergency beacon. With it, one has significant water weight. I also brought a Steripen for water purification as communication capacity in places cell towers don’t reach. The Garmin a backup, but given the late season was unsure what water I’d encounter. made it possible for Maryanne to spot my dot on a map as I made my I’d learn by the end of the ride that two bottles and the Steripen would way around the mountain. This was important. Usually I ride with have been plenty with the creek crossings I came across, but carrying a someone during adventure travel. The planned route put me 20 miles few extra pounds beat the risk of dehydration.

4 5 THE NEXT MORNING, AFTER AN EARLY ALARM and a cup of tea, of birdshot to the backside? I tend to proceed with caution, and if I rolled out into the dark. I flicked on a high-lumens rear flashing light confronted, apologize for being lost — unless that confrontation is an and a small headlight — the sun would be up in another hour and a aggressive dog — that then provides a sprinting opportunity. Fortunately, half — and connected to Highway 97. Known as one of the area’s volcanic though, as a cyclist, I rarely experience anything other than a friendly legacy byways, the 97 was a two-lane highway connecting Weed to wave from a field on such roads. Klamath Falls. While less scenic than most of the roads on my cue sheet, the 97 served as a direct route to knock out some of the paved mileage A left turn at the end of the gravel connector put me onto Old Stage quickly at an hour when one couldn’t see much anyway. At that hour, Road. The road climbed to reach its own version of Black Butte summit, there was light traffic — a truck rumbling by every few minutes or so. then dropped. A few miles, and then a veer left onto Abrams Lake Road, And with the highway’s wide shoulder, it was bearable. across the I-5, and then a right on Spring Hill Road. It was now around 6:30, and I encountered two separate road cyclists, saying a quick hello Weed came up quickly. I crossed under the I-5. As I paralleled the to each. These would be the only cyclists I would see along the route. I-5 on two-laned South Weed Boulevard, I noticed the road surface. Remarkably robust, even if not perfectly maintained. It turns out this At the end of Spring Hill, I turned into City Park to refill my first near- section was the old I-5 prior to the highway expansion. As first light empty bottle. Water coursed out of a spring, the Sacramento river’s bloomed, the fields came into view, with a specter of fog hovering above. headwaters, and a plaque described the vast Sacramento river Then onto a connector gravel road that appears as public on maps, watershed, extending down into the Central Valley. I rock-hopped into despite residents posting “No trespassing” signs. position, filled the bottle, and got back underway on Mt. Shasta Road, through town. The next stop wasn’t far. At the foot of Old McCloud Road, No trespassing signs on quiet gravel stretches are not uncommon, even also marked as USFS 31, was a coffee shop that opened early. Masked when those roads appear on the map as publicly accessible. They pose up, I got a cup of coffee and a bagel. a dilemma. The signs seem to go up when residents want to discourage through vehicle traffic. Each one requires its own consideration. Could While sipping coffee, I took advantage of the strong cell connection to the map be wrong? Do I hear aggressive dogs barking down the road? download an offline version of the Mt. Shasta area in Google Maps to my Is it a part of the country where the only warning you’ll receive is a blast phone. Garmins are great, but the user interface is lacking. I can usually figure out the next turn at a questionable five-way intersection far more quickly with Google’s offline maps.

First light and fog along the old I-5. AFTER THE SHORT BREAK, IT WAS TIME TO CLIMB. The next 11 miles climbed from 3,500' to 5,500'. This section of 31, from the town of Mt. Shasta to the ski area turnoff, was paved. And empty. As I climbed up and east, the sun broke through every so often, shafts of light piercing the trees. I did not see another person from the time I finished my coffee until a couple miles before I rejoined Highway 97, several hours later. As I reached the turnoff for the ski area, 31 turned to gravel. The gravel road hugged the mountain, curving in and out of its folds, descending a little before resuming a slow, steady climb to the high point at 6,000'.

It was along the short descent that I ran into the only company I would meet for many miles. An old SUV was parked off the road. The doors were open, but no one was visible. Eight beautiful huskies were milling about, and as I got within 50 yards they got up and padded toward me.

6 7 “Hello?” I called out as I came to a stop. Despite the open doors, no one responded. By this point, the dogs had formed a loose, curious circle around me. Seeing no one, I began a slow roll. Four of the dogs fell in right behind me. This continued as I returned to my prior pace. After about a half mile, two dogs dropped off. Two continued. They stayed with me for another mile before they lost interest. My best guess was they were part of a sled team. Why they were summering in Mt. Shasta’s heat with their thick fur was anyone’s guess.

After parting ways with the dogs, I encountered the first of two creek crossings. Mud Creek lived up to its name, my tires sinking deep into the muck before I managed to get across. Failing to clear the crossing on two wheels, I instead focused on the positive — the opportunity to cool down as I walked through the water. A few turns later, the road emerged from the mountain’s folds, thick trees and gray volcanic rock giving way to sunlit red roadway. The sunlit red roadway along the 31. A FEW MILES LATER, Ash Creek afforded an opportunity for creek crossing redemption. This water, clear and quick-moving, looked ideal for a bottle refill with a purifier. With the water in my seat pack, however, several dismounts and remounts, I decided it was more efficient to I had enough to finish the tour around the mountain despite the simply walk. Up until this point I was well ahead of schedule. I wondered increasing temperatures. As I rolled through the creek, the front tire met how much sand remained. With the temperature rising and another a few submerged baby head rocks, stopping my progress. I put a foot eight miles to Highway 97, I hoped it was not much. down and walked the rest of the way across. It turned out to be about a mile. Not a bad hike-a-bike ratio for such a The 31 then joined Pass Road. Military Pass Road has been spectacular ride. After that, the road dropped, turning into a rougher, around a relatively long time for a road in the west. Knowing I was rocky descent. Over the next eight miles to Highway 97, the road lost traversing the same territory that John C. Frémont and his party had 1,700' in elevation. It was in this section I saw the only person I met in the used nearly a hundred fifty years ago made me feel connected to a backcountry, a man driving a pickup loaded with firewood. He waved a different era. Despite Military Pass Road’s history, I attempted a less- friendly hello as he went by. Then under a railroad trestle — Amtrak’s traveled western road to stay closer to the mountain. I found the fire Coast Starlight goes through here on its way to Klamath Falls — and out road shrink down to double track, then single track, then no track before onto the highway. the meager game trail made its way back to Military Pass Road, however. I believe a local could have connected the Brewer Creek trailhead road Between the elevation drop, the arid volcanic land northeast of Shasta, to the Andesite logging road to the Bolam logging road to avoid what and the afternoon hour, the temperature had rocketed up. I pulled onto came next on Military Pass…but I am not a local. Highway 97, continuing the descent, and made good time. A few miles later another gravel opportunity opened to the right, and I got away from As I rejoined Military Pass Road, I encountered the route’s most traffic on Juniper Terrace and then Quarry Road before heading into the challenging road conditions. Here, the road rolled across a section of small township where we were staying. Home by 1 p.m, as the temperature pumicite. That’s volcanic ash, or fine sand, resulting from broken down reached over 100 degrees. Plenty of time to play Jenga with the kids pumice. And yes, I had to look that up. Sections were compressed by before dinner… As I sat with the kids, portions of the ride kept replaying vehicle tires and rideable, but those stretches were short-lived. After in my head. This was an adventure I would treasure for quite some time.

8 9 keep cyclists away from the door zone. What we’ve learned is that relying BIKE HANDLING: AVOIDING DOORINGS on drivers to behave perfectly every time simply does not work, so Whether you are a seasoned rider or new to the street, it never hurts to changing the built environment is therefore essential to avoid review a few riding safety pointers. Today we explore doorings, one of catastrophic injuries to cyclists. the top injury-causing events caused by inattentive car drivers and Cities are making fits and starts toward improved infrastructure, passengers. This occurs when a driver or passenger opens a car door but these changes move glacially. So what are some door directly in front of a cyclist, causing the cyclist to crash. It happens so avoidance practices? frequently that the word “” evolved to describe the event. 1. When possible, ride outside the door zone. This distance can vary, Most states require that cyclists ride as close to the right side of the road as some of the bigger vehicles have large doors that swing far out into as practicable. This traffic rule, designed to make sure bicyclists stay out traffic. Car drivers, unaware of the hazards doors pose, will sometimes of the way of the motor vehicles that traffic engineers somehow believe honk, rev engines, or otherwise make cyclists uncomfortable when have more right to public space than others, typically puts riders right cyclists take as much space as necessary. next to parallel parking spaces. That means drivers who open their doors open them directly into a likely bicycle rider zone. 2. Focus on danger signs. There may also be times where it simply is not possible to avoid the door zone. In those situations, watch for danger While the dooring itself can cause significant injury, many cyclists suffer signs. These include: secondary catastrophic injuries when they get bounced into traffic and run over by a passing vehicle. Make no mistake — when a driver or • A car that has just pulled into a parking spot. passenger opens a door into moving traffic, they are typically violating a • Car light patterns. Brake lights that turn off just in front of you may state vehicle code. For example, California’s vehicle code on this issue, mean an imminent door opening, for example. Cal. Veh. Code section 22517, states: • A silhouette of a person in the car or the car’s side-view mirror. No person shall open the door of a vehicle on the side available • Weight shifts in the car, seen as the car’s frame bobbling on its to moving traffic unless it is reasonably safe to do so and can be suspension. done without interfering with the movement of such traffic, nor • A car that has not fully pulled into a parking space — it may be shall any person leave a door open on the side of a vehicle unloading a passenger. available to moving traffic for a period of time longer than necessary to load or unload passengers. • Any taxi or vehicle with a Lyft or Uber sticker on it. • Commercial vans, trucks, and delivery vehicles. These drivers are That’s great for placing blame or establishing liability. But avoiding injury typically more focused on their overbooked delivery schedules than is far better than being in the right. The same rules requiring cyclists to the safety of others, and are in and out of their vehicles regularly. ride as close to the right as practicable usually also allow a cyclist to take as much of a lane as necessary when riding close to the right is unsafe. Do your best to stay safe. If you are unfortunate enough to get doored, This means a cyclist can “take the lane,” or move into the middle of contact the and demand a police report. This is true even when a lane instead of staying to the right. This has its own potential the driver is really apologetic and says it is all their fault. Without a police hazards — either annoying drivers in the lane behind who start behaving report documenting this, the driver’s attitude tends to change once the aggressively, or getting hit from behind by an inattentive driver. driver realizes that a claim on their insurance may be coming.

Kind of a pickle, right? So how does a cyclist avoid getting doored? If your injuries allow, take a moment to use your phone to search for your The simplest way? The driver should follow the law and common state’s dooring vehicle code and provide it to the investigating officer. sense — check for traffic before opening the door. An even better way is Police officers are generalists and as a result are sometimes unfamiliar for cities to properly build infrastructure, like protected bike lanes, that with the specific law that the driver violated by dooring you.

10 11 Don’t tune out if you live car-free. You don’t have to own a car to have COVER YOURSELF! auto insurance. Most auto insurance companies will offer what they call LIABILITY INSURANCE FOR THE CYCLIST non-owner operator policies for car-free households. They tend to be very inexpensive. An illustration? Our colleagues the Coopers of Emison In the course of our work, we’ve spoken with cyclists facing many Cooper & Cooper in San Francisco, live car-free. They renewed with different situations. Sometimes it is a cyclist who has been injured. Other USAA for $1,000,000 of auto coverage and UIM coverage for $400 for times we’ve been asked what happens when a cyclist hurts someone 2020. An additional benefit beyond underinsured motorist coverage? else. A common underlying issue? Cyclists specifically, and people in The policy will typically cover you when you rent a car, so that you won’t general, frequently don’t understand the types of insurance they need have to pay the expensive rental-car insurance. to compensate themselves if they are injured, or to protect themselves if We consider UIM coverage absolutely essential, and the cheapest they injure someone else. disability insurance a cyclist can purchase. In this section, we provide a simple overview of the liability insurance we How UIM coverage works varies from state to state. In most states, your think is important if you’re going to be on the road. This article does not UIM coverage will be the same as your per-person, per-incident limit. cover health insurance or disability insurance. Those, too, are strongly That means if you carry a $250,000/$500,000 policy, where any one recommended for everyone. person in an incident will get up to $250,000 and the total paid for any And if you’re too busy to read the reasoning for all the insurance and incident is up to $500,000, your UIM coverage will usually be $250,000. what it does, you can always skip to the end. There’s a bullet point Some caveats: summary that tells you what you should get. Hit and runs: If the incident is a hit and run, most policies require the AUTO INSURANCE: When we sit down with an injured cyclist, one of injured person to make a police report or report the incident to the the initial questions we ask is whether the cyclist has an automobile insurance company within 24 hours of the incident; otherwise, the insurance policy. Why? Because unfortunately, many drivers carry incident will not be covered. Carriers do this with the belief that it low-limit auto insurance policies, or no insurance at all. In California, one reduces the chances of someone who crashed from later making up a in three drivers drives without insurance (even though that is illegal) or hit and run after learning that underinsured motorist coverage might with the legal minimum of $15,000 per person, per incident. That pay for some of the injury expenses. minimum barely covers the cost of an ambulance ride and emergency room visit, let alone more serious injuries. Motorcycle UIM: Motorcycle policies don’t have the same type of UIM, and their UIM coverage is typically expensive. If you have a motorcycle Auto insurance policies have what is known as Underinsured but no car, it is probably more cost-effective to add a non-car owner (alternatively known as Uninsured) Motorist coverage. This usually goes policy than increase your underinsured motorist coverage on your by the abbreviation UIM. You can check your level of coverage by motorcycle policy. looking at your auto insurance declarations page, and we can tell you without looking, it is probably too low. Why is underinsured motorist Exhausting the primary policy: If you decide to represent yourself, or are coverage important? Because in most situations, so long as there’s helping someone with a claim, know that you have to exhaust the driver’s contact with another vehicle, underinsured motorist coverage will cover policy before underinsured motorist coverage kicks in. What does that you. That means if you are struck riding a bicycle, walking across the mean? If the driver has insurance, the driver’s insurance must pay the full street, or riding in someone else’s car, your own underinsured motorist policy limits, and not a penny less. Your own insurance will typically want policy is there for you. a copy of the driver’s declaration page, the settlement agreement, and the check. Ask for a copy of the declaration page as part of the settlement.

12 13 Stacking: In some states, the underinsured motorist coverage “stacks” UMBRELLA OR EXCESS INSURANCE: Finally. Thanks for staying with on top of the driver’s policy, and in others it does not. What does this us. We know this is not the latest Lee Child novel, but it is important. mean? If it stacks, you can obtain a maximum of the driver’s policy plus Umbrella insurance, sometimes known as excess insurance, is a policy your underinsured motorist coverage. To illustrate this, imagine the that, like an umbrella, is a secondary layer of insurance over your auto scenario where the driver has $15,000 in coverage and you have $250,000 and renter’s/homeowner’s policies. Umbrella insurance only comes into in underinsured motorist coverage. You would receive a maximum of play when an injury exceeds the underlying policy. For example, if you $265,000 if you were seriously injured. In a non-stacking state like carry $250,000 in auto insurance and someone has a minor injury that California, you would receive $15,000 from the driver and up to $235,000 settles for $10,000, umbrella insurance does not come into play. It is only from your underinsured motorist coverage, for a maximum of $250,000. there for the really big injuries. Because it is rarely called on, it is surprisingly affordable. Consider the loss, not the cost: When evaluating how much insurance to obtain, most people worry about how much it costs. They rarely consider Why is it important? Because mistakenly hurting someone can cost what a serious injury might cost. Imagine a situation where you may not a lot of money. The force differential between a whiplash injury versus a be able to work again. Unfortunately, whether one is in a car or on a bike, ventilator-dependent quadriplegic can be negligible. But no matter how these types of injuries can occur. How much would it cost to take care of sorry you are, the cost to take care of the second is exponentially higher. you? Your family? Typically that number is very high. Take that number into account, not the annual insurance premium. Most umbrella polices require $250,000 as the minimum liability limits for your auto and renter’s/homeowner’s. Making sure the policies RENTER’S OR HOMEOWNER’S INSURANCE: Come on, why are we dovetail together is essential, because if you have an improper minimum talking about this type of insurance when we’re talking about the proper in your coverage, the umbrella will not kick in. It requires you to work coverage for cyclists? Because sometimes cyclists inadvertently hurt with your agent or broker. Umbrella policies are usually $1 million in someone. That can be a pedestrian you fail to notice or it can be another coverage and go up to $5 million. Consider how much you want to cyclist that you inadvertently clip. When that injured person makes a protect, not how much you want to pay. claim against you, and you then try to get your auto policy to pay the claim or defend you, you’ll immediately realize why we’re covering this Because someone with an umbrella policy has gone to the trouble here. Auto policies provide liability coverage, i.e., make payments to of obtaining enough insurance to make sure a victim is properly someone you’ve hurt and pay for a lawyer to defend you in a compensated, most lawyers will discourage their clients from seeking against you, when you are driving your car or someone else’s. They don’t personal contribution beyond the policy, absent extenuating cover you when riding a bicycle. circumstances. What does this mean? With an umbrella policy, your hard-earned savings will likely not be in the gun sights unless your What does? A renter’s or homeowner’s policy. These policies are also sometimes known as personal liability policies. Most people get them to cover the threat of loss or damage to possessions or one’s home. They also provide liability insurance should you inadvertently hurt someone. This can be someone tripping over the skateboard in your hallway or you mistakenly taking out a wheel on the Friday commute (or the spirited Saturday morning ride). The liability coverage limit will determine the maximum your renter’s or homeowner’s insurance will pay for a claim. We recommend finding out the minimum required limit for an umbrella policy, setting that as your liability limit, and obtaining an umbrella insurance policy. What’s that? Funny you should ask…

14 15 behavior was egregious. Egregious here, for example, could mean doing OUR COMMUNITY INVOLVEMENT 60 mph in a school zone or driving under the influence. Bicycle Law’s members participate in advocacy, keep their active An additional question to ask your agent or broker: Can you get a rider transportation knowledge honed, and support the community. Here are for your underinsured motorist coverage as part of your umbrella policy? a few different ways we’ve participated recently: This is not standard, so don’t assume that you have $1 million in Continued mentoring, coaching, underinsured coverage just because you obtained an umbrella policy. and sponsoring b.i.k.e. (Bikes and Ideas for It usually has to be added through what is known as a rider, a separately Kids Empowerment — www.kidsofbike.org). bargained-for provision that “rides” on your umbrella policy. If it is Bob Mionske has been involved with b.i.k.e. available, it will be frighteningly cheap. When we last priced it, it was for over two decades. A recipient of $40 per year, per $1 million of additional underinsured motorist coverage Oprah.com’s Use Your Life Award, the b.i.k.e. with the rider. The UIM riders are not as common. If it gets too frustrating organization, using as a medium, supports at-risk children by trying to locate a carrier who will provide one, it can sometimes just providing opportunities for personal, athletic, and academic success. be easier to up your auto policy to $1 million. Make sure your umbrella Sponsored The Street Trust (www.thestreettrust.org). A national carrier is aware of this, though, because this will likely reduce your non-profit organization, The Street Trust is committed to creating umbrella premium. communities where people can meet their daily transportation needs through active transportation. CALL TO ACTION AND SUMMARY: Attended CalBike’s multi-day summit in Los Angeles to learn about Now that you’ve finished this article, we have one final request. Grab ways to improve cycling safety and transit . your smartphone. Open the calendar application. Or if you’re old-school, on the need for immediate road grab your DayMinder. Pick a day, it could be a week from now, but not Spoke at San Francisco City Hall improvements for cyclist and active transportation safety. Unfortunately, more than a month away. Find a time with a two-hour window. Commit up until this year, almost every significant protected in to yourself that you’ll honor that window. It may take less time, but better San Francisco has been built immediately after a fatality. This is true to reserve too much time than too little. Put in, “Review insurance with even though San Francisco knows where these fatalities are likely to agent/broker.” Here’s the bullet point summary of what to talk about: happen through bicycle and pedestrian-incident tracking.

• Auto insurance: Underinsured (UIM) limits that will be enough to Attended Silicon Valley Bike Coalition’s annual summit. compensate you if you get hit. Recommend $500,000 – $1 million. actions to highlight the Even if you do not own a car, purchase a non-owner operator policy Participated in People Protected Bike Lanes need for protected bike lanes. for the UIM coverage it provides when you are riding a bike. Volunteered as safe streets ambassadors to help turn street space into • Renter’s or homeowner’s insurance: Also known as a personal outdoor restaurant and retail space so businesses can safely re-open and liability policy, protects you if you hurt someone while riding (since re-hire amidst the pandemic. an auto policy won’t cover this). Recommend the minimum amount required to qualify for an umbrella policy, typically $250,000 – $300,000. Celebrated our fourth year sponsoring the The Mission Crit is a highly • An additional amount of protection for your Mission Crit. Umbrella insurance: competitive fixed-gear race in San Francisco assets if you have the misfortune of hurting someone really badly. that draws international talent. It acts as an additional layer on a renter’s or homeowner’s policy. Typical policies are $1 million to $5 million and very affordable. Engaged in small acts of tactical urbanism (which we won’t go into here, for legal reasons Whether you stay with your insurance company, work with a broker, or of course…). shop around, taking the time to do this will make a difference for you or someone you love at some point in your life. Top: Bicyclelaw.com founder Bob Mionske working with b.i.k.e. participants. 16 Bottom: The calm before the storm at a Mission Crit. Photo credit: James Grady @missioncrit 17